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The federal Clean Water Act requires states to set pollution limits, called Total Maximum Daily Loads (TMDLs), for each pollutant identified as impairing the state’s water quality standards. TMDLs require that states and local governments need to account for the adverse water quality impacts of past, present, and future planning decisions and to demonstrate how future increases in pollution loads can be offset.
To do this routinely state and local agencies will require additional resources. The Maryland Department of the Environment (MDE) has already taken significant fiscal planning steps to prepare for the state’s needs and urges local agencies do the same.
Local governments are currently grappling with recent changes in Maryland law requiring them to include Water Resources Element (WRE) assessments in their comprehensive land use plans. Starting in October 2009, each WRE will need to provide an assessment of drinking water supplies and wastewater treatment capacity, along with an evaluation of nonpoint source pollution from stormwater systems.
Although a WRE assessment also constitutes an important step in the TMDL implementation process, successful TMDL implementation and restoration of water quality will require a much greater effort. In view of these impending needs, Maryland’s 2006 TMDL Implementation Guidance urges local governments to start planning now. In particular, Section 3.1. Guidance for Local Decision Makers states:
“The challenges of TMDL implementation represent a paradigm shift in the sophistication of water quality management. The transition to this new paradigm will create additional workloads for many local government agencies. Serious thought should be given to revenue enhancement options to support budget increases for key local agencies and to leverage resources from the private sector.”
MDE's Fiscal Analysis Project focuses on projected staffing, operating, and regulatory compliance expenses, measured against revenue sources such as special and general funds, permit fees, and so on. The outcome of this analysis will guide the reallocation of resources, legislative recommendations, and a reordering of program priorities. With the aid of this study, MDE can move forward in obtaining adequate resources to meet all of its environmental and public health responsibilities, including TMDL implementation.
The MDE Project is one example of the type of analyses local governments might consider. It is a critical step toward ensuring that future implementation programs have sufficient resources, the lack of which could hinder future economic development opportunities. Also, such analyses provide local officials with solid evidence that can be used to justify requests for additional resources. In the final analysis, incorporating water quality management into both development and budget planning is essential for preserving Maryland’s unique environmental heritage for future generations.
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